GIPE Newsletter (Nº 24.139) January, 21st 2025
CONSTRUCTION AND DEVELOPMENT:
EVEN IF THERE IS A SLIGHT DELAY
In off-plan sales, the law allows the buyer to terminate the contract and claim the amounts paid on account with interest if the developer fails to meet the delivery deadline, as this is an essential element of the contract according to the Building Regulations Act. However, termination is not automatic and must be exercised in a timely manner. The courts have established that termination is not appropriate if the buyer uses the delay as an opportunistic excuse to cancel the contract.
SALE OF PROPERTY:
THERE IS A BAR UNDER THE FLAT
A buyer withdrew from a purchase after signing the deposit, claiming to be unaware that there was a night bar under the flat and considering it a hidden defect. However, his claim was rejected, as the premises had a visible sign and the buyer lived in the area, and could have been warned before signing. As this was not considered a breach by the seller, but rather a withdrawal by the buyer, he lost the sum paid as a deposit.
LEASE OF PREMISES:
UNTIL I RENT IT AGAIN…
A tenant abandoned a premises before the end of the ten-year contract, without there being an agreement that allowed withdrawal. In the case of leases of premises, the possibility of withdrawal after six months as in housing does not apply. Although the landlord accepted the termination of the contract upon receiving the keys, he was entitled to compensation equivalent to the rent for the eight months that it took him to rent the premises again.
GIPE: Together we will be stronger